New 7-member SC bench starts hearing petitions against the trial of civilians in military courts
A new 7-member SC bench starts hearing petitions against the trial of civilians in military courts on Thursday.
A nine-member bench formed earlier was dissolved following concerns of two senior judges including Justice Qazi Faez Isa and Justice Sardar Tariq Masood.
The nine-member bench included Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Isa, Justice Masood, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi, which has now been dissolved.
The Supreme Court took up the hearing of four petitions against the military court trials of individuals involved in targeting military installations during violent protests across the country following the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in November.
The new bench has been constituted after excluding Justice Isa and Justice Masood.
Senior Puisne Judge Justice Faez Isa said that he “did not consider the nine-member bench a bench”, with Justice Masood backing him.
Justice Isa stressed that the court should first issue a verdict on the Supreme Court Practice and Procedure Act, 2023, and then constitute new benches.
“I will not accept this court until a decision is issued on the Supreme Court Practice and Procedure Act. All decisions are unconstitutional until the verdict on this act is issued,” Justice Isa said. He noted that he was not recusing himself from the bench.
Responding to the judge’s concerns, CJP Bandial said he had constituted the bench in line with the law.
As the hearing resumed Justice Mansoor Ali Shah said if anyone has any objection to the bench, they should state it now.
The attorney general for Pakistan and Sardar Latif Khosa both said they did not have any objection.
CJP Bandial told the counsel for petitioner PTI Chairman Imran Khan that their petition had political questions.
He added that they did not want to hear that right now, as their focus was military courts.
Latif Khosa said after the implementation of Article 245, the power of high courts under Article 199 has ceased.
He further said the formation commanders’ conference stated that there is irrefutable evidence of May 9 violence.
The CJP asked if the press release said there is irrefutable evidence, the trial will be conducted in a military court.
Khosa responded in the affirmative and read out the press release before the court. The entire military leadership decided that there was irrefutable evidence.
Khosa remarked that if the formation commanders said there was irrefutable evidence, would a colonel give a different verdict in the trial?
Khosa added he was not saying that the May 9 culprits must be let off the hook.
On being asked by Justice Shah, the counsel read out the anti-terrorism court verdicts regarding handing over of suspects to the military.
On being asked, Khosa said 50 people were arrested on May 10 and five cases registered against them that night over attacks on the Corps Commander House. All the cases were registered under terrorism provisions, though no FIR mentions Army Act.
The FIRs have nominated PTI Chairman Imran Khan among other leaders. Across the country, 4,000 people were arrested.
When Justice Ayesha Malik asked if the military court verdicts can be challenged, Latif Khosa questioned who will dare to challenge them.
When Justice Afridi asked how many people have been sent for trial under military courts, Khosa said 10 from somewhere and 20 at other places.
